Center For Food Safety et al v. Vilsack et al

Northern District of California, cand-4:2015-cv-01590

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{11}} Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss.

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1 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 2 ERIC R. WOMACK 3 Assistant Branch Director M. ANDREW ZEE (CA Bar No. 272510) 4 Attorney Civil Division, Federal Programs Branch 5 U.S. Department of Justice 6 450 Golden Gate Avenue, Room 7-5395 San Francisco, CA 94102 7 Telephone: (415) 436-6646 Facsimile: (415) 436-6632 8 E-mail: m.andrew.zee@usdoj.gov 9 Attorneys for Defendants 10 11 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 CENTER FOR FOOD SAFETY et al., 16 No. 3:15-cv-01590-HSG Plaintiffs, 17 v. STIPULATION AND ORDER TO SET 18 TOM VILSACK, in his official capacity as BRIEFING SCHEDULE FOR 19 Secretary of the U.S. Department of DEFENDANTS' MOTION TO DISMISS Agriculture et al., 20 21 Defendants. 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule STIPULATION 1 2 Pursuant to Civil Local Rule 6-1(a), Plaintiffs, Center for Food Safety, Beyond 3 Pesticides, Equal Exchange, Food & Water Watch, La Montanita Co-op, Organic Seed Growers 4 and Trade Association, The Cornucopia Institute, Northeast Organic Dairy Producers Alliance, 5 PCC Natural Markets, Greensward/New Natives LLC, Frey Vineyards, Ltd., Organic Consumers 6 7 Association, Maine Organic Farmers and Gardeners Association, and Ohio Ecological Food and 8 Farm Association, and Defendants, Tom Vilsack, Secretary of the U.S. Department of 9 Agriculture; Anne Alonzo, Administrator of the Agricultural Marketing Service; and Miles 10 McEvoy, Deputy Administrator of the National Organic Program, all sued solely in their official 11 capacities, through their respective undersigned counsel, stipulate and agree as follows: 12 13 1. On April 7, 2015, Plaintiffs filed a Complaint in this Court asserting two causes of 14 action against Defendants. ECF No. 1. Undersigned counsel for Defendants entered an 15 appearance in this case on May 6, 2015. ECF No. 8. On May 6, 2015, the parties filed a 16 stipulation setting July 17, 2015 as Defendants' deadline to response to the Complaint. ECF No. 17 9. Defendants anticipate that, in response to Plaintiffs' Complaint, they may file a dispositive 18 19 Motion to Dismiss pursuant to Rule 12(b). 20 2. Counsel for the parties have conferred and, consistent with the Commentary to 21 Local Rule 7-2, wish to stipulate to the below briefing schedule for Defendants' anticipated 22 Motion to Dismiss: 23  July 17, 2015: Defendants' deadline to file Motion to Dismiss. 24 25  August 7, 2015: Plaintiffs' deadline to file Opposition to Motion. 26  August 21, 2015: Defendants' deadline to file Reply in Support of Motion. 27  September 2, 2015: Hearing on Motion at a time convenient to the Court. 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 1 3. The parties have requested a hearing on a Wednesday rather than during the 1 2 Court's ordinary Thursday civil motion hearing based on counsel's unavailability on Thursday, 3 September 3 at 2:00 p.m. due to preexisting travel commitments. To the extent the Court's 4 calendar is not amenable to a hearing on Wednesday, September 2, 2015, the parties respectfully 5 request that the Court set a hearing on Defendants' Motion to Dismiss for September 28, 2015 or 6 7 thereafter. 8 4. Pursuant to Local Rule 6-2(a), undersigned counsel for Defendant has filed a 9 declaration in support of this stipulation. Counsel for Plaintiffs does not object to the statements 10 contained therein. 11 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 12 13 parties, subject to the Court's approval, that the above briefing schedule shall govern any Motion 14 to Dismiss filed by Defendants in response to the Complaint. 15 16 Dated: May 18, 2015. Respectfully submitted, 17 /s/ Paige M. Tomaselli 18 PAIGE M. TOMASELLI (State Bar No. 237737) 19 SYLVIA SHIH-YAU WU (State Bar No. 273549) 20 Center for Food Safety 303 Sacramento Street, 2nd Floor 21 San Francisco, CA 94111 Phone: (415) 826-2770 22 Fax: (415) 826-0507 Emails: ptomaselli@centerforfoodsafety.org 23 swu@centerforfoodsafety.org 24 Counsel for Plaintiffs 25 26 Dated: May 18, 2015. U.S. DEPARTMENT OF JUSTICE 27 BENJAMIN C. MIZER 28 Principal Deputy Assistant Attorney General Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 2 ERIC R. WOMACK 1 Assistant Branch Director 2 /s/ Andrew Zee 3 M. ANDREW ZEE (CA Bar No. 272510) Attorney 4 Civil Division, Federal Programs Branch 5 U.S. Department of Justice 6 Attorneys for Defendants 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 3 ATTESTATION 1 2 Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and 3 password are being used in the electronic filing of this document, and further attest that I have 4 obtained the concurrence in the filing of the document from the other signatory. 5 6 /s/ Andrew Zee M. ANDREW ZEE (CA Bar #272510) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 4 ORDER 1 2 Upon stipulation of the parties, and good cause appearing, the Court hereby orders the 3 following schedule for Defendants' anticipated Motion to Dismiss in response to the Complaint: 4  July 17, 2015: Defendants' deadline to file Motion to Dismiss. 5  August 7, 2015: Plaintiffs' deadline to file Opposition to Motion. 6 7  August 21, 2015: Defendants' deadline to file Reply in Support of Motion. 8  September 2, 2015 at 2:00 p.m.: Hearing on Motion. 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 13 14 15 Dated: May 19, 2015 16 HON. HAYWOOD S. GILLIAM, JR. United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 18th day of May, 2015, I electronically transmitted the 3 foregoing document to the Clerk of Court using the ECF System for filing. 4 5 6 /s/ Andrew Zee 7 M. ANDREW ZEE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Center for Food Safety et al. v. Vilsack et al., No. 3:15-cv-01590-HSG Stipulation to Set Briefing Schedule 6